IN THE SUPREME COURT OF INDIA

CRIMINAL APPELLATE JURISDICTION

CRIMINAL APPEAL NO. 1328 OF 2003

    STATE OF PUNJAB              Appellant (s)

                       VERSUS

MOHINDER SINGH                                 Respondent(s)

O R D E R

This appeal by special leave is by the State of Punjab against the judgment

dated 30.10.2002 of the Punjab & Haryana High Court in Criminal Appeal No.613

SB of 1987.   

2. The prosecution case in brief was that on 2.7.1986 one Jagir Singh and his

uncle Pal Singh were standing in the plot of Pal singh and talking to each other.  At

that time, Mohinder Singh came near them in a drunken state, and shouted that he

will teach a lesson to Pal Singh for not allowing him to tether his cattle in the plot.  He

gave a gandasi blow which hit Jagir Singh on the head.  The injured Jagir Singh was

taken by Pal Singh to his house and on the next day he was admitted to S.G.T.B.

Hospital, Amritsar.  It is stated that on 3.7.1986, Head Constable Balwinder Singh

reached the hospital but  as the  doctor  informed him that

.........2

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Jagir Singh was not in a position to make any statement, FIR was not registered.

However, on 6.7.1986,  Head Constable Balwinder Singh met Pal Singh in the said

hospital  and  his  statement  was  recorded  and  on  that  basis  FIR  was  registered.

Thereafter, the respondent was charged with the offence under Section 307 IPC and

he faced trial.  The injured Jagir Singh was examined as PW3, his uncle Pal Singh

who was the informant was examined as PW2.  Balwinder Singh, Head Constable was

examined as PW4 and the Doctor was examined as PW1.  The trial Court by its

judgment dated 27.10.1987 held the accused guilty, convicted and sentenced him for

four  years R.I. with a fine of Rupees One Thousand under Section 307 IPC.  The

appeal  filed  by  the  respondent-accused  was  allowed  by  the  High  Court  by  the

impugned judgment dated 30.10.2002 primarily on the ground that the occurrence

had taken place on 2.7.1986, and the FIR was registered on 6.7.1986, after four days,

and there was no satisfactory explanation as to why Pal Singh waited for four days for

registering the FIR.

3. The learned counsel appearing for the State contended that the injured Jagir

Singh was hospitalised and was not in a   position   to  make  any  statement  to  the

police and,  

..........3.

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therefore, it could not be said that the four days' delay was fatal to the case of the

prosecution.

4. The High Court has considered the facts of the case  in proper perspective.

The incident occurred in the plot of Pal Singh on 2.7.1986 at 8 p.m. when he was

talking to his nephew Jagir Singh.  According to the prosecution case, the accused to

give vent to his anger against Pal Singh attacked Pal Singh in a drunken condition but

the blow landed on Jagir Singh.  Admittedly, Pal Singh and other relatives kept Jagir

Singh in the house  on 2.7.1986  and took the  injured Jagir Singh to  hospital  on

3.7.1986 and got him admitted.  Even assuming that Jagir Singh being injured and

hospitalised,  was not in a position to make any statement, there is no satisfactory

explanation as to why neither Pal Singh, who gave the information on 6.7.1986, nor

the other relatives did not give the information about the incident earlier particularly

as the incident occurred in Pal Singh's land and the attack was allegedly directed

against him. The High Court has observed that non-registering of FIR for four days

and failure on the part of Pal Singh and other relatives of Jagir Singh to give timely

information leads to an inference that FIR was recorded after due deliberations and

consultations obviously to implicate the accused.   

.....4.

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5. As noted above,  the incident  is  of  the year 1986.   The High Court has

allowed the appeal and acquitted  the respondent in the year 2002,  giving cogent

reasons.   We find  no  reasons  to  interfere with  the  said  judgment.   Appeal  is,

accordingly, dismissed.

.....................J. (R.V. RAVEENDRAN)       

.....................J.       (P. SATHASIVAM)

NEW DELHI; JUNE 26, 2008.